The Gift-Tax Act, 1958

(Act No. 18 of 1958)


CONTENTS
Sections
Particulars
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Abbreviations
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Preamble
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-
Chapter 1
Preliminary
1
Short title, extent and commencement
2
Definitions
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-
Chapter 2
Charge of Gift-Tax and Gifts subject to such charge
3
Charge of gift-tax
4
Gifts to include certain transfers
5
Exemption in respect of certain gifts
6
Value of gifts, how determined
6A
Omitted
-
-
Chapter 3
Gift-Tax Authorities
7
Gift-tax authorities and their jurisdiction
7A
Omitted
7AA
Omitted
7B
Omitted
8
Control of gift-tax authorities
8A
Omitted
9
Instructions of subordinate authorities
10
Jurisdiction of Assessing Officers and power to transfer cases
11
Omitted
11A
Omitted
11AA
Omitted
11B
Omitted
12
Omitted
12A
Power of Chief Commissioner or Commissioner and of Deputy Commissioner to make enquiries under this Act
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-
Chapter 4
Assessment
13
Return of gifts
14
Return after due date and amendment of return
14A
Return by whom to be signed
14B
Self-assessment
15
Assessment
16
Gift escaping assessment
16A
Time-limit for completion of assessment and reassessment
16B
Interest for defaults in furnishing return of gifts
17
Penalty for failure to furnish returns, to comply with notices and concealment of gifts, etc.
17A
Penalty for failure to answer questions, sign statements, furnish information, allow inspection, etc.
18
Rebate on advance payments
18A
Credit for stamp duty paid on instrument of gift
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-
Chapter 5
Liability to Assessment in Special Cases
19
Tax of deceased person payable by legal representative
19A
Assessment of persons leaving India
20
Assessment after partition of a Hindu undivided family
21
Liability in case of discontinued firm or association of persons
21A
Assessment of donee when donor cannot be found
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-
Chapter 6
Appeals, Revisions and References
22
Appeal to the Deputy Commissioner (Appeals) from orders of Assessing Officers
23
Appeal to the Appellate Tribunal
24
Powers of Commissioner to revise orders of subordinate authorities
25
Appeal to the Appellate Tribunal from orders of enhancement by (Chief Commissioner or Commissioner)
26
Reference to High Court
27
Hearing by High Court
28
Appeal to Supreme Court
28A
Tax to be paid notwithstanding reference, etc.
28B
Definitions of High Court
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-
Chapter 7
Payment and Recovery of Gift-Tax
29
Gift-tax by whom payable
30
Gift-tax to be charged on property gifted
31
Notice of demand
32
Recovery of tax and penalties
33
Mode of recovery
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-
Chapter 7A
Refunds
33A
Refunds
-
-
Chapter 8
Miscellaneous
34
Rectification of mistakes
35
Prosecution
35A
Offences by companies
35B
Offences by Hindu undivided families
35C
Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to apply
35D
Presumption as to culpable mental state
35E
Proof of entries in records or documents
36
Power regarding discovery, production of evidence, etc.
37
Power to call for information
38
Effect of transfer of authorities on pending proceedings
39
Computation of period of limitation
40
Service of notice
41
Omitted
41A
Publication of information respecting assessees
41B
Disclosure of information respecting assessees
41C
Return of gifts etc., not to be invalid on certain grounds
42
Bar of suits in civil court
43
Appearance before Gift-tax authorities by authorised representatives
43A
Appearance by registered valuer in certain matters
44
Agreement for avoidance or relief of double taxation with respect to gift-tax
44A
Rounding off of taxable gifts
44B
Rounding off of tax, etc.
45
Act not to apply in certain cases
46
Power to make rules
46A
Power to make exemption, etc., in relation to certain Union territories
47
Power to remove difficulties
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Schedules
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Schedule 1
Rate of Gift-Tax
   
Schedule 2
Rules for Determining the Value of Property Gifted
   
Rule 1
Value of gifted property how to determined
Rule 2
Quoted shares and debentures of companies
Rule 3
Special provision for quoted shares of companies
Rule 4
Unquoted preference shares
Rule 5
Unquoted enquiry shares in companies other than investment companies
Rule 6
Unquoted equity shares in investment companies
Rule 7
Unquoted equity shares in interlocked companies

 

 

 

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